“The territorial application of the criminal code” concerns determining where criminal law rules should be applied and where they should not. The territorial application of criminal law is primarily determined by five principles: territoriality (nationality), personality, protection (reality), universality (justice), and substitution jurisdiction (representation).
Below, we will evaluate the principle of territoriality:
The principle of territoriality refers to a state’s authority to punish any person, regardless of their nationality, for a crime committed within its territory. According to this principle, the laws of the country where the crime was committed are applied.
The Turkish Penal Code (TCK) generally accepts the “principle of territoriality”. Article 8 of the Turkish Penal Code defines the sovereign territory of Turkey. According to this article:
I. Turkis land and airspace, and Turkish territorial waters,
II. The high seas and the airspace above them,
III. Crimes committed by Turkish sea and air vessels or by using these vessels,
IV. Crimes committed by Turkish warships or by using these vessels,
V. Fixed platforms established in Turkey’s continental shelf or exclusive economic zone, or crimes committed against these platforms, are all considered to be within Turkey’s sovereign territory, and crimes committed in these areas are deemed to have been committed in Turkey.
Although not specifically mentioned in Article 8, areas under military occupation are also considered part of the country in a hypothetical sense. Whether the crime is committed in the actual territory or in a hypothetical territory, it is considered to have been committed in Turkey, and Turkish laws will apply to such crimes in accordance with the principle of territoriality.
An important issue in the principle of territoriality is determining where the crime has been committed when the location of the act and the location of its result differ. If the location of the act and the result coincide, there is no issue. However, when the act and the result occur in different countries, it is necessary to resolve where the crime is considered to have been committed. If the act and result are directly related, there is no issue. However, in crimes where the result can be separated from the act, if the result or part of the criminal act occurs in Turkey, the crime will be considered to have been committed in Turkey.
If a foreigner commits a crime other than those listed in Article 13 of the Turkish Penal Code, and if the crime requires a prison sentence of at least one year under Turkish law, and if the crime is committed abroad to Turkey’s detriment, and the foreigner is present in Turkey, they will be punished according to Turkish laws. The prosecution of such crimes depends on the request of the Minister of Justice.
If a foreigner commits a crime against a Turkish citizen or a legal entity established according to Turkish law, and the foreigner is present in Turkey, and the crime has not been adjudicated in a foreign country, the foreigner may be punished under Turkish law based on the complaint of the victim.
